Also known as: ultimate issues
Written by attorneys · grounded in primary & secondary sources — see below
An issue of fact or law that the trier of fact must decide to resolve the case. In evidence law an opinion is not automatically inadmissible merely because it addresses that issue.
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Uma Upadhyay sued the city after an officer stopped her car without reasonable suspicion. Her expert described accepted policing practices and then stated that the officer's conduct fell below those standards. The city objected that the opinion reached the ultimate issue the jury had to decide. The court overruled the objection and admitted the testimony.
Urban Utley was acquitted when the first jury found that he did not cause an explosion at the refinery. The state later discovered new logs and tried to prosecute him again for the same explosion. The court held that the prior acquittal had resolved the ultimate issue of causation in Utley's favor. Double jeopardy therefore barred the second prosecution.
Ugo Uberti faced trial after his accuser failed to appear. The prosecution offered the witness's preliminary-hearing testimony. The defense argued the earlier proceeding had not addressed the ultimate issue of guilt. The court admitted the transcript after finding the opportunity for cross-examination sufficient.
Usha Upton confessed after police questioning. At the suppression hearing the psychiatrist testified that her mental illness alone produced the statement. The court treated the ultimate issue of voluntariness as a legal question requiring independent review. It suppressed the confession after finding no police coercion.
Ulric Unger challenged the cutoff of his disability benefits. The agency decided the ultimate issue of his ability to engage in substantial gainful work. The court reviewed the written record and upheld the termination without requiring an oral hearing.
Uma Underwood raised an insanity defense at her murder trial. Oregon law required her to prove the defense beyond a reasonable doubt. The jury resolved the ultimate issue of her mental state against her. The Supreme Court upheld the conviction and the state's allocation of the burden.
Rule 704(a) permits an opinion that embraces an ultimate issue provided the testimony is otherwise admissible under Rules 702 and 703. The expert may state that conduct fell below accepted professional standards. The expert may not simply tell the jury that the defendant violated the Constitution or committed the charged crime.
Supporting sources
When a prior jury has decided an ultimate issue of fact in the defendant's favor, the Double Jeopardy Clause bars relitigation of that issue even if new evidence later surfaces. The state may not retry the defendant on a theory that would require the second jury to reach a contrary conclusion on the same factual question.
Supporting sources
…(1975); see Staff Report 346. [^maj-28]: The decision is not purely a question of the accuracy of a medical diagnosis since the ultimate issue which the state agency must resolve is whether in light of the particular worker's "age, education, and work experience" he cannot "engage in any . . . substantial gainful work which exists…